Lewis, et al v. Russell, et al
Filing
357
STIPULATION and ORDER signed by Judge William B. Shubb on 12/15/11: Newitt's Claims in this action be, and hereby are, dismissed, as against defendant Martin Franchises, Inc. only, with prejudice. Each of the parties hereto shall bear his/its own costs, including attorney's fees, as provided in the Release. (Kaminski, H)
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DENNIS M. COTA, Bar No. 127992
DEREK P. COLE, Bar No. 204250
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
(916) 780-9009
Facsimile:
(916) 780-9050
Attorneys for Defendant/Counter-Claimant/
Cross-Claimant Ben J. Newitt
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES H. LEWIS and JANE W. LEWIS,
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Plaintiffs,
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STIPULATION FOR ORDER OF
DISMISSAL
v.
[F.R.C.P. Rule 41(a)]
ROBERT D. RUSSELL; BEN J. NEWITT; the
Estate of PHILLIP NEWITT, Deceased, et al.,
Defendants.
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Case No. CIV S-03-2646 WBS KJM
AND RELATED COUNTER- AND CROSSACTIONS.
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{JEM/00016941.2}
STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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Defendant/Counter-Claimant/Cross-Claimant BEN J. NEWITT (“Newitt”) and Defendant
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and Cross-Defendant MARTIN FRANCHISES, INC. (“Martin”), through their respective
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attorneys of record, stipulate to an order of the above-entitled Court dismissing Newitt’s claims in
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his Answer to First Amended Third Party Complaint of Davis Center, LLC, et al; Cross-Claims;
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and Demand for Jury Trial filed on or about February 19, 2008, in the above-entitled action
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(“Newitt’s Claims”), as against Martin only, with prejudice, according to the terms of Settlement
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Agreement and Mutual Release of Claims (the “Release”), having an effective date of
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November 4, 2011, entered into by and between Newitt and Martin.
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Dated: December 15, 2011
COTA COLE LLP
COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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By:/s/
Dennis M. Cota
Derek P. Cole
Attorneys for Defendant/CounterClaimant/Cross-Claimant Ben J. Newitt
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Dated: December 15, 2011
GORDON & REES LLP
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By:/s/
P. Gerhardt Zacher
Kristin N. Reyna
Attorneys for Third-Party Defendant/
Cross-Claimant Martin Franchises, Inc.
aka/dba Martinizing Dry Cleaning
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ORDER OF DISMISSAL
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The Court, having reviewed and considered the stipulation set forth above, and good cause
appearing therefor:
IT IS HEREBY ORDERED that Newitt’s Claims in the above-entitled action be, and
hereby are, dismissed, as against defendant Martin Franchises, Inc. only, with prejudice.
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{JEM/00016941.2}
STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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IT IS ALSO HEREBY ORDERED that the dismissal is expressly conditioned upon the
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terms and conditions of that certain Settlement Agreement and Mutual Release of Claims entered
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into by and between Newitt and Martin having an Effective Date of November 4, 2011 (the
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“Release”).
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IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter
for the sole purpose of taking any action needed to enforce the terms of the Release.
IT IS FURTHER HEREBY ORDERED that each of the parties hereto shall bear his/its
own costs, including attorney’s fees, as provided in the Release.
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Dated: December 15, 2011
COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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{JEM/00016941.2}
-2NOTICE OF MUTUAL DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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PROOF OF SERVICE
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I, Rena Wade, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action. My business address is Cota Cole LLP, 2261 Lava Ridge Court,
Roseville, California 95661. On December 15, 2011 I served the within document(s):
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STIPULATION FOR ORDER OF DISMISSAL
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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 3:00 p.m.
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by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Roseville, California, addressed as set
forth below.
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I caused such envelope to be delivered via overnight delivery addressed as
indicated below. Such envelope was deposited for delivery by ________,
following the firm's ordinary business practices.
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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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via electronic/email service. The document(s) listed above were served via email
the addressees listed in the attached service list via the Eastern District's CM/ECF
server.
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SEE ATTACHED SERVICE LIST
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I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal cancellation
date or postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on December 15, 2011, at Roseville, California.
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Rena Wade
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{JEM/00016941.2}
POS, -1STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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Lewis v. Russell, et al., U.S. Eastern District Court Case No. CIV S-03-2646 WBS KJM
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SERVICE LIST
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Attorney/Firm
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S. Craig Hunter
P.O. Box 13810
San Luis Obispo, CA 93406
Tel: (805) 544-4980
Fax: (805) 547-9302
Attorneys for Plaintiffs
Charles H. Lewis and Jane W. Lewis
Michael S. Middleton
Middleton, Young & Minney, LLP
701 University Avenue, Suite 150
Sacramento, CA 95825
Tel: (916) 646-1400
Fax: (916) 646-1300
Attorneys for Defendants The Davis Center, LLC;
Emily Stover, individually and as Trustee of the
Stover Family Trust and as Personal Representative
for Melvin Stover (deceased); and Richard Albert
Stinchfield, individually and as Trustee of the
Robert S. Stinchfield Separate Real Property Trust
and as Trustee of the Barbara Ellen Stinchfield
Testamentary Trust (dissolved)
Jeffory J. Scharff
Attorney at Law
2625 Fair Oaks Boulevard, Suite 7
Sacramento, CA 95864
Tel: (916) 485-5700
Fax: (916) 485-5912
Attorneys for Defendants Potter Taylor &
Company, and its predecessors-in-interest: Potter,
Long, Adams & Taylor, Ltd.; Davis Center; PotterTaylor, Inc.; and Potter Taylor & Scurfield, Inc.
Jung Hang Suh and Soo Jung Suh
1843 Trinity Way
West Sacramento, CA 95691
[Service by U.S. Mail Only]
Unrepresented Defendants
Jung K. Seo
3539 Bradshaw Road, Suite B-265
Sacramento, CA 95827
[Service by U.S. Mail Only]
Unrepresented Defendant
Daniel W. Smith
Law Offices of Daniel W. Smith
3610 American River Drive, Suite 112
Sacramento, CA 95864
Tel: (916) 922-9400
Fax: (916) 922-0481
Attorneys for Defendant Irene Russell, Successorin-Interest to Robert D. Russell (deceased)
Chad S. Tapp
Matthew R. Day
Porter Scott Weiberg & Delehant
350 University Avenue, Suite 200
Sacramento, CA 95825
Tel: (916) 929-1481
Fax: (916) 927-3706
Attorneys for Defendant Workroom Supply, Inc.
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Party(ies) Represented
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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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{JEM/00016941.2}
POS, -2STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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Attorney/Firm
Party(ies) Represented
Alexander M. Weyand
Paul P. DeAngelis
J. Scott Feder
Weyand Law Firm, PC
531 Howard Street, First Floor
San Francisco, CA 94105
Tel: (415) 536-2800
Fax: (415) 536-2818
Attorneys for Third Party Defendant Vic
Manufacturing Company
Linda M. Moroney
Gordon & Rees, LLP
Embarcadero Center West
275 Battery Street, Suite 2000
San Francisco, CA 94111
Tel: (415) 986-5900
Fax: (415) 986-8054
Attorneys for Defendant Safety-Kleen Systems,
Inc., sued as Safety-Kleen Corporation
Robert P. Soran
Jennifer Hartman King
Andrew Skanchy
Downey Brand, LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Tel: (916) 444-1000
Fax: (916) 444-2100
Attorneys for Defendant and Counter-Claimant City
of Davis
Steven H. Goldberg
Michael J. Thomas
Leslie Fredrickson
Downey Brand, LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Tel: (916) 444-1000
Fax: (916) 444-2100
Attorneys for Third Party Defendant Marie L.
Whitcombe (deceased)
P. Gerhardt Zacher
Kristin N. Reyna
Gordon & Rees LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Tel: (619) 696-6700
Fax: (619) 696-7124
Attorneys for Third Party Defendant Martin
Franchises, Inc. aka/dba Martinizing Dry Cleaning
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{JEM/00016941.2}
POS, - 3 STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC.
Case No. CIV S-03-2646 WBS KJM
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